INFORMATION #1 11-05-2007 - Laserfiche WebLink

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(6) The burden of proof shall be upon the Animal Control Authority. The standard of proof shall be clear and convincing evidence if the Authority seeks to destroy the dog; in all other cases it shall be by a preponderance of the evidence. (7) After considering all evidence pertaining to the dog, the hearing officer shall make such order as he/she deems proper, including ordering the Animal Control Authority to take the dog into custody, if the dog is not currently in custody. (8) Any person who fails or refuses to release a dog to the Animal Control Authority or Law Enforcement agent upon demand, or after it has been found by a hearing officer to be dangerous and ordered into custody, shall be guilty of a misdemeanor. (9) Authority to order destruction. The hearing officer, upon finding that a dog is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be destroyed based on a written order containing findings of fact establishing that each of the following criteria are present: (i) The dog is dangerous, as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks; and (ii) The owner of the dog has demonstrated an inability or unwillingness to sufficiently control the dog in order to prevent injury to persons or other animals; and (iii) The owner cannot, will not, does not, or otherwise refuses to provide proof of the liability insurance for the dog as required by Section 8, Subsection 3(3) of this Ordinance. (10) Any owner aggrieved by the decision of the hearing officer may, within five (5) business days of the date the hearing officer's order is filed, seek review of the Order by filing the appropriate pleadings demanding a hearing before the District Court. The Owner is responsible to pay all Court-imposed filing fees. The District Court shall conduct a hearing within thirty (30) days of such demand. The District Court shall review the matter on a de novo basis, and issue its written finding of fact and order within a reasonable time after its hearing. (11) The owner or person claiming an interest in the dog is liable for all actual costs of care, keeping, and disposal of the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full, or a mutually satisfactory arrangement for payment must be made between the County and the person claiming an interest in the dog, before the dog is returned to the person. Subsection 4: Exemption A dog may not be declared dangerous if the threat, injury, or damage was sustained by a person who: (1) Was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; or 070710 Sherburne County Dog Ordinance 9